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Article • June 15, 2003 • from PLN June, 2003
$174,175 Awarded in D.C. Conditions and Medical Suit by The United States District Court for the District of Columbia has denied motions by the District of Columbia Department of Corrections (DC DOC) for judgment as a matter of law and for new trial following a jury verdict finding the DC …
Article • June 15, 2003 • from PLN June, 2003
$250,000 Award for Texas Jail Paraplegic Upheld by by Matthew Clarke The Fifth Circuit Court of Appeals has upheld a $250,000 award against Dallas County, Texas, for a paraplegic prisoner who developed life-threatening decubitus ulcers due to the jail's deliberate indifference to his serious medical needs. Brent Lawson, a former …
Mental Health Issues in Long-Term Solitary and "Supermax" Confinement, Craig Haney, 2003 Mental Health Issues in Long-Term Solitary and "Supermax" Confinement Craig Haney This article discusses the recent increase in the use of solitary-like confinemem, especially the rise of so-called supermax prisons and the special mental health issues and challenges …
Federal Legal Standards for Prison Medical Care by Daniel E. Manville Federal Legal Standards For Prison Medical Care by Dan Manville The State is required to provide adequate medical care to those it confines.1 In this time of shrinking budgets, many prison systems have turned to contracting with private health …
Failure to Allege Imminent Threat Precludes Justification Defenses in BOP Weapons Prosecution by The Seventh Circuit Court of Appeals held that the district court did not error in excluding evidence or argument regarding affirmative defenses of necessity and duress in trials for prisoners' weapon possession. On May 18, 1999, Terry …
Florida PLN Writer Settles Retaliation Suit for $3,000 by David Reutter by David M. Reutter A 42 U. S. C. § 1983 action filed in a Florida State Court alleging retaliatory job changes for the filing of grievances and lawsuits that challenged the general living conditions at Glades Correctional Institution …
Rehabilitation Act, Title II of ADA, Held Unconstitutional by In two separate rulings the courts of appeal for the Fourth and Fifth Circuits have held that section 504 of the Rehabilitation Act (RA), 29 U.S.C. §794(a), and, Title II of the Americans with Disabilities Act (ADA), 42 U.S.C. §12312, do …
Murder, Mayhem, Corruption and Snitches: BOP Florence Exposed by Bob Williams Located in the gently rolling hills of Southern Colorado, dotted with juniper, poplar and cedar trees, Florence is a quiet, small town that was once a prison town without a prison. At just over 5,000 town residents, Florence shares …
New Jersey Jail Guards Awarded $1.2 Million Following Retaliation for Protesting Jail Conditions by On April 10, 2002, a federal jury in New Jersey awarded four Atlantic County Jail guards $300,000 each for retaliation taken against them after they publicly protested unsafe jail conditions. In May, 1997, Edward Clopp, Noriss …
California Guards Convicted of Arranging Prison Beatings, New Conspiracy Accusations Leveled by by Marvin Mentor On May 15, 2002, a federal criminal jury convicted two Pelican Bay State Prison (CA) guards of violating the civil rights of eight prisoners whom they conspired to have beaten and stabbed - two fatally; …
PLRA Requires More Than De Minimus Physical Injury by The Ninth Circuit Court of Appeals has held that 42 U.S.C. §1997e(e) requires a prisoner demonstrate more than de minimus physical injury to receive compensatory damages for mental and emotional claims. Pre-trial detainee Eric Oliver filed a civil rights action alleging …
Johnson v. CCA, TN, Complaint, inmate-inmate assault gang in ad seg, 2003 CCA-AF (6/2/14 PRA) 0276 CCA-AF (6/2/14 PRA) 0277 CCA-AF (6/2/14 PRA) 0278 CCA-AF (6/2/14 PRA) 0279 CCA-AF (6/2/14 PRA) 0280 CCA-AF (6/2/14 PRA) 0281 CCA-AF (6/2/14 PRA) 0282 CCA-AF (6/2/14 PRA) 0283 CCA-AF (6/2/14 PRA) 0284 CCA-AF (6/2/14 …
U.S. v. Lavallee, CO, Opinion, Prison Conditions, 2003 U.S. v. Lavallee, 61 Fed.Appx. 631 (2003) 61 Fed.Appx. 631 This case was not selected for publication in the Federal Reporter. Not for Publication in West’s Federal Reporter See Fed. Rule of Appellate Procedure 32.1 generally governing citation of judicial decisions issued …
Denial of Nation of Islam Literature Unconstitutional by David Reutter by David M. Reutter The Third Circuit Court of Appeals held that prison officials' refusal to allow prisoners to receive Nation of Islam literature was unconstitutional, but prison officials were entitled to qualified immunity from money damages for their illegal …
Acrimonious Michigan Prisoners' Rights Suit Settled After 15 Years by John E Dannenberg by John E. Dannenberg A class-action lawsuit launched by Michigan state prisoners in 1988 which ultimately cost taxpayers $7.5 million in litigation costs was settled on November 4, 2003, resulting in prisoners gaining appropriate classification and psychiatric …
Article • March 15, 2003 • from PLN October, 2004
Guards Let California Prisoner Slowly Starve to Death by Guards Let California Prisoner Slowly Starve To Death Seventy-two year old Khem Singh, who spoke no English and was crippled and wheelchair-bound, died of starvation in his Corcoran State Prison Substance Abuse Treatment Facility (SATF) cell on February 16, 2004, after …
Article • March 15, 2003 • from PLN October, 2004
Parents of Deceased Wisconsin Boot Camp Prisoner Settle for $462,000 by The parents of a Wisconsin state prisoner who died due to exercise stress after his medical complaints were ignored settled their wrongful death suit for $462,000. The Homeslys were parents of a male 20-year-old Wisconsin state prisoner who died …
Article • March 15, 2003 • from PLN March, 2003
New York Prisoner Awarded $411,000 in Failure to Protect Suit by The New York State Court of Claims in Rochester, NY has awarded a state prisoner $411,000 for injuries he received when another prisoner attacked him. Michael Schindler, a 34-year-old New York state prisoner, was playing "two-on-two" touch football at …
California Three-Year Lockdown of "Southern Hispanics" Held Unconstitutional by Marvin Mentor California Three-Year Lockdown of "Southern Hispanics" Held Unconstitutional by Marvin Mentor A Del Monte County, California superior court ruled on December 10, 2002 that a three year lockdown of "Southern Hispanics" at maximum security Pelican Bay State Prison (PBSP) …
$2.5 Million Verdict in California Medical Neglect Case by Marvin Mentor On May 8, 2002, a California superior court jury awarded $2.5 million in damages for negligent medical care to a severely diabetic state prisoner, who, debilitated from insulin shock, broke his neck in a fall sustained while trying to …
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